Federal-aid Overview Seminar 1

Environmental Review

Location and Environment BureauIowa Department of Transportation

Federal-aid Overview Seminar 2

Section 7 of the Endangered Species Act of 1973

Mary Kay SolbergEnvironmental Specialist SeniorLocation and Environment BureauIowa Department of Transportation

Federal-aid Overview Seminar 3

Presentation Overview Section 7 Process Determination of Effects Concurrence Species Specific Information

Section 7 Purpose Promote stewardship and conservation of

species and the habitats they depend on Insure that an action by FHWA will not

jeopardize the continued existence of an endangered species or result in the destruction or adverse modification of critical habitat

Federal-aid Overview Seminar 4

httpsiowadotgovoleEndangered_species

Federal-aid Overview Seminar 5

Federal-aid Overview Seminar 2

Section 7 of the Endangered Species Act of 1973

Mary Kay SolbergEnvironmental Specialist SeniorLocation and Environment BureauIowa Department of Transportation

Federal-aid Overview Seminar 3

Presentation Overview Section 7 Process Determination of Effects Concurrence Species Specific Information

Section 7 Purpose Promote stewardship and conservation of

species and the habitats they depend on Insure that an action by FHWA will not

jeopardize the continued existence of an endangered species or result in the destruction or adverse modification of critical habitat

Federal-aid Overview Seminar 4

httpsiowadotgovoleEndangered_species

Federal-aid Overview Seminar 5

Federal-aid Overview Seminar 3

Presentation Overview Section 7 Process Determination of Effects Concurrence Species Specific Information

Section 7 Purpose Promote stewardship and conservation of

species and the habitats they depend on Insure that an action by FHWA will not

jeopardize the continued existence of an endangered species or result in the destruction or adverse modification of critical habitat

Federal-aid Overview Seminar 4

httpsiowadotgovoleEndangered_species

Federal-aid Overview Seminar 5

Section 7 Purpose Promote stewardship and conservation of

species and the habitats they depend on Insure that an action by FHWA will not

jeopardize the continued existence of an endangered species or result in the destruction or adverse modification of critical habitat

Federal-aid Overview Seminar 4

httpsiowadotgovoleEndangered_species

Federal-aid Overview Seminar 5

httpsiowadotgovoleEndangered_species

Federal-aid Overview Seminar 5

Section 7 Process Review Iowa DNRrsquos Natural Areas Inventory for county lists

of state protected specieshttpsprogramsiowadnrgovnaturalareasinventorypagesQueryaspx

Request an Environmental Review from the Iowa DNRhttpswwwiowadnrgovconservationiowas-wildlifethreatened-and-endangered

Review USFWS Midwest Region for county lists of federally protected specieswwwfwsgovmidwestendangeredlistsiowa_ctyhtml

Other data (soil surveys aerial photography) Field data collection as necessary Based on information from agencies qualified professionals

may need to perform field surveys for the presenceabsence and habitat within the project area

Federal-aid Overview Seminar 6

Determination of Effect Following evaluation one of the following

determinations of effect need to be madeNo effect consultation with USFWS is not required document determination in CE documentationMay affect not likely to adversely affect this includes good effects Informal consultation with USFWS is requiredMay affect likely to adversely affect harm to the species is likely to occur An incidental take statement from USFWS is required and formal consultation with USFWS is required in the form of a Biological Assessment andor Biological OpinionJeopardy harm to the species will occur formal consultation with the USFWS is required requires changing the project by using reasonable and prudent alternatives to avoid jeopardy

A Determination of Effect form has been created specifically for LPA projects (Form 760005doc)Federal-aid Overview Seminar 7

Federal-aid Overview Seminar 8

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Federal-aid Overview Seminar 9

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 Process Describe the habitat in your project area

Describe setting ndash rural urban agriculturalDescribe vegetationProvide photographs

Federal-aid Overview Seminar 10

Federal-aid Overview Seminar 11

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessIs there Habitat

No ndash Complete the Determination of Effect Form and indicate that there is ldquoNo Effectrdquo Section 7 is Complete

Yes ndash Move on to the next step

Federal-aid Overview Seminar 12

Section 7 Process Review Habitat Characteristics

Using the response letters from USFWS and Iowa DNR look up the species cited on each agencyrsquos website The websites describe the habitats needed for each species

wwwfwsgovmidwestendangeredlistsiowa_ctyhtml

httpsprogramsiowadnrgovnaturalareasinventorypagesQueryaspx

Federal-aid Overview Seminar 13

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Federal-aid Overview Seminar 8

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Federal-aid Overview Seminar 9

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 Process Describe the habitat in your project area

Describe setting ndash rural urban agriculturalDescribe vegetationProvide photographs

Federal-aid Overview Seminar 10

Federal-aid Overview Seminar 11

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessIs there Habitat

No ndash Complete the Determination of Effect Form and indicate that there is ldquoNo Effectrdquo Section 7 is Complete

Yes ndash Move on to the next step

Federal-aid Overview Seminar 12

Section 7 Process Review Habitat Characteristics

Using the response letters from USFWS and Iowa DNR look up the species cited on each agencyrsquos website The websites describe the habitats needed for each species

wwwfwsgovmidwestendangeredlistsiowa_ctyhtml

httpsprogramsiowadnrgovnaturalareasinventorypagesQueryaspx

Federal-aid Overview Seminar 13

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Federal-aid Overview Seminar 9

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 Process Describe the habitat in your project area

Describe setting ndash rural urban agriculturalDescribe vegetationProvide photographs

Federal-aid Overview Seminar 10

Federal-aid Overview Seminar 11

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessIs there Habitat

No ndash Complete the Determination of Effect Form and indicate that there is ldquoNo Effectrdquo Section 7 is Complete

Yes ndash Move on to the next step

Federal-aid Overview Seminar 12

Section 7 Process Review Habitat Characteristics

Using the response letters from USFWS and Iowa DNR look up the species cited on each agencyrsquos website The websites describe the habitats needed for each species

wwwfwsgovmidwestendangeredlistsiowa_ctyhtml

httpsprogramsiowadnrgovnaturalareasinventorypagesQueryaspx

Federal-aid Overview Seminar 13

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Section 7 Process Describe the habitat in your project area

Describe setting ndash rural urban agriculturalDescribe vegetationProvide photographs

Federal-aid Overview Seminar 10

Federal-aid Overview Seminar 11

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessIs there Habitat

No ndash Complete the Determination of Effect Form and indicate that there is ldquoNo Effectrdquo Section 7 is Complete

Yes ndash Move on to the next step

Federal-aid Overview Seminar 12

Section 7 Process Review Habitat Characteristics

Using the response letters from USFWS and Iowa DNR look up the species cited on each agencyrsquos website The websites describe the habitats needed for each species

wwwfwsgovmidwestendangeredlistsiowa_ctyhtml

httpsprogramsiowadnrgovnaturalareasinventorypagesQueryaspx

Federal-aid Overview Seminar 13

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Federal-aid Overview Seminar 11

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessIs there Habitat

No ndash Complete the Determination of Effect Form and indicate that there is ldquoNo Effectrdquo Section 7 is Complete

Yes ndash Move on to the next step

Federal-aid Overview Seminar 12

Section 7 Process Review Habitat Characteristics

Using the response letters from USFWS and Iowa DNR look up the species cited on each agencyrsquos website The websites describe the habitats needed for each species

wwwfwsgovmidwestendangeredlistsiowa_ctyhtml

httpsprogramsiowadnrgovnaturalareasinventorypagesQueryaspx

Federal-aid Overview Seminar 13

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Section 7 ProcessIs there Habitat

No ndash Complete the Determination of Effect Form and indicate that there is ldquoNo Effectrdquo Section 7 is Complete

Yes ndash Move on to the next step

Federal-aid Overview Seminar 12

Section 7 Process Review Habitat Characteristics

Using the response letters from USFWS and Iowa DNR look up the species cited on each agencyrsquos website The websites describe the habitats needed for each species

wwwfwsgovmidwestendangeredlistsiowa_ctyhtml

httpsprogramsiowadnrgovnaturalareasinventorypagesQueryaspx

Federal-aid Overview Seminar 13

Section 7 Process Review Habitat Characteristics

Using the response letters from USFWS and Iowa DNR look up the species cited on each agencyrsquos website The websites describe the habitats needed for each species

wwwfwsgovmidwestendangeredlistsiowa_ctyhtml

httpsprogramsiowadnrgovnaturalareasinventorypagesQueryaspx

Federal-aid Overview Seminar 13

USFWS Habitat List

Federal-aid Overview Seminar 14

HabitatDataSheets

Federal-aid Overview Seminar 15

Federal-aid Overview Seminar 16

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Federal-aid Overview Seminar 17

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessAre there measures that can be taken to

avoid potential impacts to habitat

Yes ndash Complete the Determination of Effect Form and mark there is ldquoNo Effectrdquo describe how it was avoided Section 7 is Complete

No ndash Move on to the next step

Federal-aid Overview Seminar 18

Federal-aid Overview Seminar 19

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessAre there measures that can be taken to minimize potential impacts to habitat

Yes ndash Complete the Determination of Effect Form and mark ldquoMay Affect ndash Not likely to adversely affect with the noted measures Complete Iowa DNR review and coordination and Iowa DOT will consult with USFWS on behalf of FHWA

No ndash Will require more coordination with Iowa DOT USFWS and Iowa DNR

Federal-aid Overview Seminar 20

Concurrence Informal

Informal concurrence involves sending written project information a Determination of Effect on federally-listed specieshabitat and a request for concurrence to USFWS For state listed species the Iowa DNR is contacted Concurrence from USFWS concludes informal consultation If the USFWS does not concur additional surveys or

preparation of a Biological Assessment (BA) may be required

Federal-aid Overview Seminar 21

Concurrence Formal

Formal concurrence requires a BA and request for formal consultation by FHWA The USFWS must reply within 30 days stating whether they concur with the findings of the BA

Formal consultation ends 90 days after initiated and a Biological Opinion (BO) must be provided by USFWS 45 days after that The BO answers question of jeopardyno jeopardy

Federal-aid Overview Seminar 22

Species Specific Information

Federal-aid Overview Seminar 23

Indiana bat To determine whether or not

suitable habitat for Indiana bats may exist review the USFWS website

DOT Standard Specifications requires all tree clearing be performed between October 1 ndash April 1

Federal-aid Overview Seminar 24

Species Specific Information

Federal-aid Overview Seminar 25

Northern long-eared batListed as threatened April 2 2015Iowa DOT Specifications require winter tree clearing on all projects (effective October 2014)Guidance to date from USFWS identifies winter tree clearing as mitigation measure

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

HabitatDataSheets

Federal-aid Overview Seminar 15

Federal-aid Overview Seminar 16

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Federal-aid Overview Seminar 17

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessAre there measures that can be taken to

avoid potential impacts to habitat

Yes ndash Complete the Determination of Effect Form and mark there is ldquoNo Effectrdquo describe how it was avoided Section 7 is Complete

No ndash Move on to the next step

Federal-aid Overview Seminar 18

Federal-aid Overview Seminar 19

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessAre there measures that can be taken to minimize potential impacts to habitat

Yes ndash Complete the Determination of Effect Form and mark ldquoMay Affect ndash Not likely to adversely affect with the noted measures Complete Iowa DNR review and coordination and Iowa DOT will consult with USFWS on behalf of FHWA

No ndash Will require more coordination with Iowa DOT USFWS and Iowa DNR

Federal-aid Overview Seminar 20

Concurrence Informal

Informal concurrence involves sending written project information a Determination of Effect on federally-listed specieshabitat and a request for concurrence to USFWS For state listed species the Iowa DNR is contacted Concurrence from USFWS concludes informal consultation If the USFWS does not concur additional surveys or

preparation of a Biological Assessment (BA) may be required

Federal-aid Overview Seminar 21

Concurrence Formal

Formal concurrence requires a BA and request for formal consultation by FHWA The USFWS must reply within 30 days stating whether they concur with the findings of the BA

Formal consultation ends 90 days after initiated and a Biological Opinion (BO) must be provided by USFWS 45 days after that The BO answers question of jeopardyno jeopardy

Federal-aid Overview Seminar 22

Species Specific Information

Federal-aid Overview Seminar 23

Indiana bat To determine whether or not

suitable habitat for Indiana bats may exist review the USFWS website

DOT Standard Specifications requires all tree clearing be performed between October 1 ndash April 1

Federal-aid Overview Seminar 24

Species Specific Information

Federal-aid Overview Seminar 25

Northern long-eared batListed as threatened April 2 2015Iowa DOT Specifications require winter tree clearing on all projects (effective October 2014)Guidance to date from USFWS identifies winter tree clearing as mitigation measure

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Federal-aid Overview Seminar 16

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Federal-aid Overview Seminar 17

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessAre there measures that can be taken to

avoid potential impacts to habitat

Yes ndash Complete the Determination of Effect Form and mark there is ldquoNo Effectrdquo describe how it was avoided Section 7 is Complete

No ndash Move on to the next step

Federal-aid Overview Seminar 18

Federal-aid Overview Seminar 19

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessAre there measures that can be taken to minimize potential impacts to habitat

Yes ndash Complete the Determination of Effect Form and mark ldquoMay Affect ndash Not likely to adversely affect with the noted measures Complete Iowa DNR review and coordination and Iowa DOT will consult with USFWS on behalf of FHWA

No ndash Will require more coordination with Iowa DOT USFWS and Iowa DNR

Federal-aid Overview Seminar 20

Concurrence Informal

Informal concurrence involves sending written project information a Determination of Effect on federally-listed specieshabitat and a request for concurrence to USFWS For state listed species the Iowa DNR is contacted Concurrence from USFWS concludes informal consultation If the USFWS does not concur additional surveys or

preparation of a Biological Assessment (BA) may be required

Federal-aid Overview Seminar 21

Concurrence Formal

Formal concurrence requires a BA and request for formal consultation by FHWA The USFWS must reply within 30 days stating whether they concur with the findings of the BA

Formal consultation ends 90 days after initiated and a Biological Opinion (BO) must be provided by USFWS 45 days after that The BO answers question of jeopardyno jeopardy

Federal-aid Overview Seminar 22

Species Specific Information

Federal-aid Overview Seminar 23

Indiana bat To determine whether or not

suitable habitat for Indiana bats may exist review the USFWS website

DOT Standard Specifications requires all tree clearing be performed between October 1 ndash April 1

Federal-aid Overview Seminar 24

Species Specific Information

Federal-aid Overview Seminar 25

Northern long-eared batListed as threatened April 2 2015Iowa DOT Specifications require winter tree clearing on all projects (effective October 2014)Guidance to date from USFWS identifies winter tree clearing as mitigation measure

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Federal-aid Overview Seminar 17

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessAre there measures that can be taken to

avoid potential impacts to habitat

Yes ndash Complete the Determination of Effect Form and mark there is ldquoNo Effectrdquo describe how it was avoided Section 7 is Complete

No ndash Move on to the next step

Federal-aid Overview Seminar 18

Federal-aid Overview Seminar 19

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessAre there measures that can be taken to minimize potential impacts to habitat

Yes ndash Complete the Determination of Effect Form and mark ldquoMay Affect ndash Not likely to adversely affect with the noted measures Complete Iowa DNR review and coordination and Iowa DOT will consult with USFWS on behalf of FHWA

No ndash Will require more coordination with Iowa DOT USFWS and Iowa DNR

Federal-aid Overview Seminar 20

Concurrence Informal

Informal concurrence involves sending written project information a Determination of Effect on federally-listed specieshabitat and a request for concurrence to USFWS For state listed species the Iowa DNR is contacted Concurrence from USFWS concludes informal consultation If the USFWS does not concur additional surveys or

preparation of a Biological Assessment (BA) may be required

Federal-aid Overview Seminar 21

Concurrence Formal

Formal concurrence requires a BA and request for formal consultation by FHWA The USFWS must reply within 30 days stating whether they concur with the findings of the BA

Formal consultation ends 90 days after initiated and a Biological Opinion (BO) must be provided by USFWS 45 days after that The BO answers question of jeopardyno jeopardy

Federal-aid Overview Seminar 22

Species Specific Information

Federal-aid Overview Seminar 23

Indiana bat To determine whether or not

suitable habitat for Indiana bats may exist review the USFWS website

DOT Standard Specifications requires all tree clearing be performed between October 1 ndash April 1

Federal-aid Overview Seminar 24

Species Specific Information

Federal-aid Overview Seminar 25

Northern long-eared batListed as threatened April 2 2015Iowa DOT Specifications require winter tree clearing on all projects (effective October 2014)Guidance to date from USFWS identifies winter tree clearing as mitigation measure

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Section 7 ProcessAre there measures that can be taken to

avoid potential impacts to habitat

Yes ndash Complete the Determination of Effect Form and mark there is ldquoNo Effectrdquo describe how it was avoided Section 7 is Complete

No ndash Move on to the next step

Federal-aid Overview Seminar 18

Federal-aid Overview Seminar 19

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessAre there measures that can be taken to minimize potential impacts to habitat

Yes ndash Complete the Determination of Effect Form and mark ldquoMay Affect ndash Not likely to adversely affect with the noted measures Complete Iowa DNR review and coordination and Iowa DOT will consult with USFWS on behalf of FHWA

No ndash Will require more coordination with Iowa DOT USFWS and Iowa DNR

Federal-aid Overview Seminar 20

Concurrence Informal

Informal concurrence involves sending written project information a Determination of Effect on federally-listed specieshabitat and a request for concurrence to USFWS For state listed species the Iowa DNR is contacted Concurrence from USFWS concludes informal consultation If the USFWS does not concur additional surveys or

preparation of a Biological Assessment (BA) may be required

Federal-aid Overview Seminar 21

Concurrence Formal

Formal concurrence requires a BA and request for formal consultation by FHWA The USFWS must reply within 30 days stating whether they concur with the findings of the BA

Formal consultation ends 90 days after initiated and a Biological Opinion (BO) must be provided by USFWS 45 days after that The BO answers question of jeopardyno jeopardy

Federal-aid Overview Seminar 22

Species Specific Information

Federal-aid Overview Seminar 23

Indiana bat To determine whether or not

suitable habitat for Indiana bats may exist review the USFWS website

DOT Standard Specifications requires all tree clearing be performed between October 1 ndash April 1

Federal-aid Overview Seminar 24

Species Specific Information

Federal-aid Overview Seminar 25

Northern long-eared batListed as threatened April 2 2015Iowa DOT Specifications require winter tree clearing on all projects (effective October 2014)Guidance to date from USFWS identifies winter tree clearing as mitigation measure

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Federal-aid Overview Seminar 19

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species For Local Public Agencies

Project Description

Plan Turn-in Date

County

Project No

SectionTownshipRange S T- N R- E

IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yes No If yes Mark ldquoNo Effectrdquo and Section 7 is complete

Determine what species to look for Check IADNR and USFWS website Attach findings List species noted on IADNR website List species noted on USFWS website Describe the habitat in your project area Attach photos Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Will the project affect potentially suitable habitat Yes No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question

Are there measures that can be taken to avoid potential impacts to habitat Yes No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question Are there measures that can be taken to minimize potential impacts to habitat Yes No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information DETERMINATION OF EFFECT

No Effect

May Affect ndash Not Likely to Adversely Affect May Affect ndash Likely to Adversely Affect

Measures to avoid or minimize

References Natural Areas Inventory IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Other

Print Name of Preparer and Name of Organization

Date

Agency Concurrence

Date

Form 760005 (10-14)

Determination of Effect for Threatened amp Endangered Species

For Local Public Agencies

Section 7 ProcessAre there measures that can be taken to minimize potential impacts to habitat

Yes ndash Complete the Determination of Effect Form and mark ldquoMay Affect ndash Not likely to adversely affect with the noted measures Complete Iowa DNR review and coordination and Iowa DOT will consult with USFWS on behalf of FHWA

No ndash Will require more coordination with Iowa DOT USFWS and Iowa DNR

Federal-aid Overview Seminar 20

Concurrence Informal

Informal concurrence involves sending written project information a Determination of Effect on federally-listed specieshabitat and a request for concurrence to USFWS For state listed species the Iowa DNR is contacted Concurrence from USFWS concludes informal consultation If the USFWS does not concur additional surveys or

preparation of a Biological Assessment (BA) may be required

Federal-aid Overview Seminar 21

Concurrence Formal

Formal concurrence requires a BA and request for formal consultation by FHWA The USFWS must reply within 30 days stating whether they concur with the findings of the BA

Formal consultation ends 90 days after initiated and a Biological Opinion (BO) must be provided by USFWS 45 days after that The BO answers question of jeopardyno jeopardy

Federal-aid Overview Seminar 22

Species Specific Information

Federal-aid Overview Seminar 23

Indiana bat To determine whether or not

suitable habitat for Indiana bats may exist review the USFWS website

DOT Standard Specifications requires all tree clearing be performed between October 1 ndash April 1

Federal-aid Overview Seminar 24

Species Specific Information

Federal-aid Overview Seminar 25

Northern long-eared batListed as threatened April 2 2015Iowa DOT Specifications require winter tree clearing on all projects (effective October 2014)Guidance to date from USFWS identifies winter tree clearing as mitigation measure

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Project Description enspenspenspenspensp		Plan Turn-in Date enspenspenspenspensp		County enspenspenspenspensp
Project No enspenspenspenspensp		SectionTownshipRange Senspenspenspenspensp T- enspenspenspenspenspN R- enspenspenspenspensp
IS THIS PROJECT TYPE LISTED IN THE SECTION 7 PROGRAMMATIC AGREEMENT DATED XXXX Yesemsp No If yes Mark ldquoNo Effectrdquo and Section 7 is complete
Determine what species to look for Check IADNR and USFWS website Attach findings
List species noted on IADNR website enspenspenspenspensp List species noted on USFWS website enspenspenspenspensp
Describe the habitat in your project area Attach photos
enspenspenspenspensp
Review habitat characteristics as described on IADNR and USFWS websites is there habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Will the project affect potentially suitable habitat Yesemsp FORMCHECKBOX No If No mark No Effect and Section 7 is complete Submit form with attachments If Yes move on to the next question
Are there measures that can be taken to avoid potential impacts to habitat Yesemsp FORMCHECKBOX No If Yes mark No Effect with noted avoidance measures and Section 7 is complete Submit form with attachments If No move on to the next question
Are there measures that can be taken to minimize potential impacts to habitat Yesemsp FORMCHECKBOX No If yes mark May Affect ndash Not likely to adversely affect with the noted minimization measures Complete letter exchange with IADNR and provide information to IADOT for USFWS consultation If No Contact IADOT for additional information
DETERMINATION OF EFFECT
No Effect		May Affect ndash Not Likely to Adversely Affectemsp May Affect ndash Likely to Adversely Affect
Measures to avoid or minimize
enspenspenspenspensp
References Natural Areas Inventoryemsp FORMCHECKBOX IA DNR Environmental Review Letter Aerial Photos Soils of Concern Data IA DNR Website USFWS Website Otherensp enspenspenspenspensp
Print Name of Preparer and Name of Organization enspenspenspenspensp		Date enspenspenspenspensp
Agency Concurrence enspenspenspenspensp		Date enspenspenspenspensp

Section 7 ProcessAre there measures that can be taken to minimize potential impacts to habitat

Yes ndash Complete the Determination of Effect Form and mark ldquoMay Affect ndash Not likely to adversely affect with the noted measures Complete Iowa DNR review and coordination and Iowa DOT will consult with USFWS on behalf of FHWA

No ndash Will require more coordination with Iowa DOT USFWS and Iowa DNR

Federal-aid Overview Seminar 20

Concurrence Informal

Informal concurrence involves sending written project information a Determination of Effect on federally-listed specieshabitat and a request for concurrence to USFWS For state listed species the Iowa DNR is contacted Concurrence from USFWS concludes informal consultation If the USFWS does not concur additional surveys or

preparation of a Biological Assessment (BA) may be required

Federal-aid Overview Seminar 21

Concurrence Formal

Formal concurrence requires a BA and request for formal consultation by FHWA The USFWS must reply within 30 days stating whether they concur with the findings of the BA

Formal consultation ends 90 days after initiated and a Biological Opinion (BO) must be provided by USFWS 45 days after that The BO answers question of jeopardyno jeopardy

Federal-aid Overview Seminar 22

Species Specific Information

Federal-aid Overview Seminar 23

Indiana bat To determine whether or not

suitable habitat for Indiana bats may exist review the USFWS website

DOT Standard Specifications requires all tree clearing be performed between October 1 ndash April 1

Federal-aid Overview Seminar 24

Species Specific Information

Federal-aid Overview Seminar 25

Northern long-eared batListed as threatened April 2 2015Iowa DOT Specifications require winter tree clearing on all projects (effective October 2014)Guidance to date from USFWS identifies winter tree clearing as mitigation measure

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Concurrence Informal

Informal concurrence involves sending written project information a Determination of Effect on federally-listed specieshabitat and a request for concurrence to USFWS For state listed species the Iowa DNR is contacted Concurrence from USFWS concludes informal consultation If the USFWS does not concur additional surveys or

preparation of a Biological Assessment (BA) may be required

Federal-aid Overview Seminar 21

Concurrence Formal

Formal concurrence requires a BA and request for formal consultation by FHWA The USFWS must reply within 30 days stating whether they concur with the findings of the BA

Formal consultation ends 90 days after initiated and a Biological Opinion (BO) must be provided by USFWS 45 days after that The BO answers question of jeopardyno jeopardy

Federal-aid Overview Seminar 22

Species Specific Information

Federal-aid Overview Seminar 23

Indiana bat To determine whether or not

suitable habitat for Indiana bats may exist review the USFWS website

DOT Standard Specifications requires all tree clearing be performed between October 1 ndash April 1

Federal-aid Overview Seminar 24

Species Specific Information

Federal-aid Overview Seminar 25

Northern long-eared batListed as threatened April 2 2015Iowa DOT Specifications require winter tree clearing on all projects (effective October 2014)Guidance to date from USFWS identifies winter tree clearing as mitigation measure

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Concurrence Formal

Formal concurrence requires a BA and request for formal consultation by FHWA The USFWS must reply within 30 days stating whether they concur with the findings of the BA

Formal consultation ends 90 days after initiated and a Biological Opinion (BO) must be provided by USFWS 45 days after that The BO answers question of jeopardyno jeopardy

Federal-aid Overview Seminar 22

Species Specific Information

Federal-aid Overview Seminar 23

Indiana bat To determine whether or not

suitable habitat for Indiana bats may exist review the USFWS website

DOT Standard Specifications requires all tree clearing be performed between October 1 ndash April 1

Federal-aid Overview Seminar 24

Species Specific Information

Federal-aid Overview Seminar 25

Northern long-eared batListed as threatened April 2 2015Iowa DOT Specifications require winter tree clearing on all projects (effective October 2014)Guidance to date from USFWS identifies winter tree clearing as mitigation measure

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Species Specific Information

Federal-aid Overview Seminar 23

Indiana bat To determine whether or not

suitable habitat for Indiana bats may exist review the USFWS website

DOT Standard Specifications requires all tree clearing be performed between October 1 ndash April 1

Federal-aid Overview Seminar 24

Species Specific Information

Federal-aid Overview Seminar 25

Northern long-eared batListed as threatened April 2 2015Iowa DOT Specifications require winter tree clearing on all projects (effective October 2014)Guidance to date from USFWS identifies winter tree clearing as mitigation measure

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Federal-aid Overview Seminar 24

Species Specific Information

Federal-aid Overview Seminar 25

Northern long-eared batListed as threatened April 2 2015Iowa DOT Specifications require winter tree clearing on all projects (effective October 2014)Guidance to date from USFWS identifies winter tree clearing as mitigation measure

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Species Specific Information

Federal-aid Overview Seminar 25

Northern long-eared batListed as threatened April 2 2015Iowa DOT Specifications require winter tree clearing on all projects (effective October 2014)Guidance to date from USFWS identifies winter tree clearing as mitigation measure

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Species Specific Information

Federal-aid Overview Seminar 26

Topeka Shiner To determine whether or not

critical habitat for the Topeka shiner exists review the USFWS website

When working in Topeka shiner watersheds include Standard Note 281-6 Best Management Practices ndash Iowa DOT lsquoSpecial Conditions for Working in Topeka Shiner Watershedsrsquo

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Species Specific Information Bald Eagle

The Bald eagle is not longer listed as threatened or endangered by USFWS or the Iowa DNR

The Bald eagle is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act

The Iowa DNR recommends limiting disturbance of known nesting sites and winter roosts by creating a minimum frac14 mile no disturbance buffer

Federal-aid Overview Seminar 27

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Species Specific Information Migratory Birds

Migratory Bird Treaty Act protects migratory birds their occupied nests and their eggs from disturbance or destruction

Do not conduct construction activities where active nests are present between the dates of April 1st and July 15th or until the birds have fledged and left the structure

If nests are discovered after beginning work or become established immediately stop work and notify the Engineer

Remove all non-active existing migratory bird nests and monitor weekly to prevent the establishment of active nests

Contact the Iowa DNR with any questions

Federal-aid Overview Seminar 28

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

Questions Reference Documents IM 4110 Threatened and

Endangered Species Iowa DOT Contact Person

Mary Kay SolbergLocation and Environment Bureau515-239-1741MaryKaySolbergiowadotus

Federal-aid Overview Seminar 29

National Environmental Policy Act (NEPA) amp Section 4(f)

DeeAnn NewellNEPA Section LeaderLocation and Environment BureauIowa DOT

Federal-aid Overview Seminar 30

Federal-aid Overview Seminar 31

ldquoThe National Environmental Policy Act (NEPA) is our basic national charter for protection of the environmentrdquo

40 CFR 15001(a)

Federal-aid Overview Seminar 32

ldquoNEPA procedures must insure that environmental information is available to public officials and citizens before decisions are made and before actions are takenrdquo

40 CFR 15001(b)

Federal-aid Overview Seminar 33

40 CFR Ch V ndash Council on Environmental Quality (CEQ) Part 1500-1508Establishes policySets goalsProvides means for carrying them out

23 CFR sect 771 ndash Environmental Impact and related proceduresSupplements 40 CFR Ch V Part 1500-1508Process for highway and public

transportation projects

CU

MU

LATI

VE N

UM

BER

OF

LAW

S AN

D A

MEN

DM

ENTS

YEARFrom the 1960s environmental laws pertaining to transportation have increased significantly (Courtesy FHWA)

34Federal-aid Overview Seminar

35

When does NEPA apply Federal funding Federal jurisdiction Federal permit or Federal approval

Federal-aid Overview Seminar

Federal-aid Overview Seminar 36

NEPA - Classes of Action Class I - Environmental Impact Statement

Class II - Categorical Exclusion

Class III - Environmental Assessment

23 CFR 771115

NEPA - Classes of ActionClass I Environmental Impact Statement (EIS) Required for actions likely to have significantenvironmental effects that cannot be mitigated

Examples include

bull A new controlled-access freeway bull A highway project of four or more lanes in a new

location

37Federal-aid Overview Seminars

Federal-aid Overview Seminar 38

Environmental Impact Statement (EIS)

Draft EIS

Final EIS

Record of Decision (ROD)

Compare Alternatives and their impacts

Federal-aid Overview Seminar 39

23 CFR 771107 Definitions

Environmental Studies The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document

Federal-aid Overview Seminar 40

Environmental Impact Statement (EIS)Environmental Studies Cultural resources Floodplains Prairies Recreational areas Refuge areas Regulated materials Sovereign lands Special rivers Streams TampE wildlife plant

Unique land forms Wetlands Woodlands Businesses Churchrsquoscemeteries Farmland Homes Community impacts

Social impacts Noise Environmental justice

Federal-aid Overview Seminar 41

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 31

ldquoThe National Environmental Policy Act (NEPA) is our basic national charter for protection of the environmentrdquo

40 CFR 15001(a)

Federal-aid Overview Seminar 32

ldquoNEPA procedures must insure that environmental information is available to public officials and citizens before decisions are made and before actions are takenrdquo

40 CFR 15001(b)

Federal-aid Overview Seminar 33

40 CFR Ch V ndash Council on Environmental Quality (CEQ) Part 1500-1508Establishes policySets goalsProvides means for carrying them out

23 CFR sect 771 ndash Environmental Impact and related proceduresSupplements 40 CFR Ch V Part 1500-1508Process for highway and public

transportation projects

CU

MU

LATI

VE N

UM

BER

OF

LAW

S AN

D A

MEN

DM

ENTS

YEARFrom the 1960s environmental laws pertaining to transportation have increased significantly (Courtesy FHWA)

34Federal-aid Overview Seminar

35

When does NEPA apply Federal funding Federal jurisdiction Federal permit or Federal approval

Federal-aid Overview Seminar

Federal-aid Overview Seminar 36

NEPA - Classes of Action Class I - Environmental Impact Statement

Class II - Categorical Exclusion

Class III - Environmental Assessment

23 CFR 771115

NEPA - Classes of ActionClass I Environmental Impact Statement (EIS) Required for actions likely to have significantenvironmental effects that cannot be mitigated

Examples include

bull A new controlled-access freeway bull A highway project of four or more lanes in a new

location

37Federal-aid Overview Seminars

Federal-aid Overview Seminar 38

Environmental Impact Statement (EIS)

Draft EIS

Final EIS

Record of Decision (ROD)

Compare Alternatives and their impacts

Federal-aid Overview Seminar 39

23 CFR 771107 Definitions

Environmental Studies The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document

Federal-aid Overview Seminar 40

Environmental Impact Statement (EIS)Environmental Studies Cultural resources Floodplains Prairies Recreational areas Refuge areas Regulated materials Sovereign lands Special rivers Streams TampE wildlife plant

Unique land forms Wetlands Woodlands Businesses Churchrsquoscemeteries Farmland Homes Community impacts

Social impacts Noise Environmental justice

Federal-aid Overview Seminar 41

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 32

ldquoNEPA procedures must insure that environmental information is available to public officials and citizens before decisions are made and before actions are takenrdquo

40 CFR 15001(b)

Federal-aid Overview Seminar 33

40 CFR Ch V ndash Council on Environmental Quality (CEQ) Part 1500-1508Establishes policySets goalsProvides means for carrying them out

23 CFR sect 771 ndash Environmental Impact and related proceduresSupplements 40 CFR Ch V Part 1500-1508Process for highway and public

transportation projects

CU

MU

LATI

VE N

UM

BER

OF

LAW

S AN

D A

MEN

DM

ENTS

YEARFrom the 1960s environmental laws pertaining to transportation have increased significantly (Courtesy FHWA)

34Federal-aid Overview Seminar

35

When does NEPA apply Federal funding Federal jurisdiction Federal permit or Federal approval

Federal-aid Overview Seminar

Federal-aid Overview Seminar 36

NEPA - Classes of Action Class I - Environmental Impact Statement

Class II - Categorical Exclusion

Class III - Environmental Assessment

23 CFR 771115

NEPA - Classes of ActionClass I Environmental Impact Statement (EIS) Required for actions likely to have significantenvironmental effects that cannot be mitigated

Examples include

bull A new controlled-access freeway bull A highway project of four or more lanes in a new

location

37Federal-aid Overview Seminars

Federal-aid Overview Seminar 38

Environmental Impact Statement (EIS)

Draft EIS

Final EIS

Record of Decision (ROD)

Compare Alternatives and their impacts

Federal-aid Overview Seminar 39

23 CFR 771107 Definitions

Environmental Studies The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document

Federal-aid Overview Seminar 40

Environmental Impact Statement (EIS)Environmental Studies Cultural resources Floodplains Prairies Recreational areas Refuge areas Regulated materials Sovereign lands Special rivers Streams TampE wildlife plant

Unique land forms Wetlands Woodlands Businesses Churchrsquoscemeteries Farmland Homes Community impacts

Social impacts Noise Environmental justice

Federal-aid Overview Seminar 41

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 33

40 CFR Ch V ndash Council on Environmental Quality (CEQ) Part 1500-1508Establishes policySets goalsProvides means for carrying them out

23 CFR sect 771 ndash Environmental Impact and related proceduresSupplements 40 CFR Ch V Part 1500-1508Process for highway and public

transportation projects

CU

MU

LATI

VE N

UM

BER

OF

LAW

S AN

D A

MEN

DM

ENTS

YEARFrom the 1960s environmental laws pertaining to transportation have increased significantly (Courtesy FHWA)

34Federal-aid Overview Seminar

35

When does NEPA apply Federal funding Federal jurisdiction Federal permit or Federal approval

Federal-aid Overview Seminar

Federal-aid Overview Seminar 36

NEPA - Classes of Action Class I - Environmental Impact Statement

Class II - Categorical Exclusion

Class III - Environmental Assessment

23 CFR 771115

NEPA - Classes of ActionClass I Environmental Impact Statement (EIS) Required for actions likely to have significantenvironmental effects that cannot be mitigated

Examples include

bull A new controlled-access freeway bull A highway project of four or more lanes in a new

location

37Federal-aid Overview Seminars

Federal-aid Overview Seminar 38

Environmental Impact Statement (EIS)

Draft EIS

Final EIS

Record of Decision (ROD)

Compare Alternatives and their impacts

Federal-aid Overview Seminar 39

23 CFR 771107 Definitions

Environmental Studies The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document

Federal-aid Overview Seminar 40

Environmental Impact Statement (EIS)Environmental Studies Cultural resources Floodplains Prairies Recreational areas Refuge areas Regulated materials Sovereign lands Special rivers Streams TampE wildlife plant

Unique land forms Wetlands Woodlands Businesses Churchrsquoscemeteries Farmland Homes Community impacts

Social impacts Noise Environmental justice

Federal-aid Overview Seminar 41

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

CU

MU

LATI

VE N

UM

BER

OF

LAW

S AN

D A

MEN

DM

ENTS

YEARFrom the 1960s environmental laws pertaining to transportation have increased significantly (Courtesy FHWA)

34Federal-aid Overview Seminar

35

When does NEPA apply Federal funding Federal jurisdiction Federal permit or Federal approval

Federal-aid Overview Seminar

Federal-aid Overview Seminar 36

NEPA - Classes of Action Class I - Environmental Impact Statement

Class II - Categorical Exclusion

Class III - Environmental Assessment

23 CFR 771115

NEPA - Classes of ActionClass I Environmental Impact Statement (EIS) Required for actions likely to have significantenvironmental effects that cannot be mitigated

Examples include

bull A new controlled-access freeway bull A highway project of four or more lanes in a new

location

37Federal-aid Overview Seminars

Federal-aid Overview Seminar 38

Environmental Impact Statement (EIS)

Draft EIS

Final EIS

Record of Decision (ROD)

Compare Alternatives and their impacts

Federal-aid Overview Seminar 39

23 CFR 771107 Definitions

Environmental Studies The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document

Federal-aid Overview Seminar 40

Environmental Impact Statement (EIS)Environmental Studies Cultural resources Floodplains Prairies Recreational areas Refuge areas Regulated materials Sovereign lands Special rivers Streams TampE wildlife plant

Unique land forms Wetlands Woodlands Businesses Churchrsquoscemeteries Farmland Homes Community impacts

Social impacts Noise Environmental justice

Federal-aid Overview Seminar 41

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

35

When does NEPA apply Federal funding Federal jurisdiction Federal permit or Federal approval

Federal-aid Overview Seminar

Federal-aid Overview Seminar 36

NEPA - Classes of Action Class I - Environmental Impact Statement

Class II - Categorical Exclusion

Class III - Environmental Assessment

23 CFR 771115

NEPA - Classes of ActionClass I Environmental Impact Statement (EIS) Required for actions likely to have significantenvironmental effects that cannot be mitigated

Examples include

bull A new controlled-access freeway bull A highway project of four or more lanes in a new

location

37Federal-aid Overview Seminars

Federal-aid Overview Seminar 38

Environmental Impact Statement (EIS)

Draft EIS

Final EIS

Record of Decision (ROD)

Compare Alternatives and their impacts

Federal-aid Overview Seminar 39

23 CFR 771107 Definitions

Environmental Studies The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document

Federal-aid Overview Seminar 40

Environmental Impact Statement (EIS)Environmental Studies Cultural resources Floodplains Prairies Recreational areas Refuge areas Regulated materials Sovereign lands Special rivers Streams TampE wildlife plant

Unique land forms Wetlands Woodlands Businesses Churchrsquoscemeteries Farmland Homes Community impacts

Social impacts Noise Environmental justice

Federal-aid Overview Seminar 41

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 36

NEPA - Classes of Action Class I - Environmental Impact Statement

Class II - Categorical Exclusion

Class III - Environmental Assessment

23 CFR 771115

NEPA - Classes of ActionClass I Environmental Impact Statement (EIS) Required for actions likely to have significantenvironmental effects that cannot be mitigated

Examples include

bull A new controlled-access freeway bull A highway project of four or more lanes in a new

location

37Federal-aid Overview Seminars

Federal-aid Overview Seminar 38

Environmental Impact Statement (EIS)

Draft EIS

Final EIS

Record of Decision (ROD)

Compare Alternatives and their impacts

Federal-aid Overview Seminar 39

23 CFR 771107 Definitions

Environmental Studies The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document

Federal-aid Overview Seminar 40

Environmental Impact Statement (EIS)Environmental Studies Cultural resources Floodplains Prairies Recreational areas Refuge areas Regulated materials Sovereign lands Special rivers Streams TampE wildlife plant

Unique land forms Wetlands Woodlands Businesses Churchrsquoscemeteries Farmland Homes Community impacts

Social impacts Noise Environmental justice

Federal-aid Overview Seminar 41

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

NEPA - Classes of ActionClass I Environmental Impact Statement (EIS) Required for actions likely to have significantenvironmental effects that cannot be mitigated

Examples include

bull A new controlled-access freeway bull A highway project of four or more lanes in a new

location

37Federal-aid Overview Seminars

Federal-aid Overview Seminar 38

Environmental Impact Statement (EIS)

Draft EIS

Final EIS

Record of Decision (ROD)

Compare Alternatives and their impacts

Federal-aid Overview Seminar 39

23 CFR 771107 Definitions

Environmental Studies The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document

Federal-aid Overview Seminar 40

Environmental Impact Statement (EIS)Environmental Studies Cultural resources Floodplains Prairies Recreational areas Refuge areas Regulated materials Sovereign lands Special rivers Streams TampE wildlife plant

Unique land forms Wetlands Woodlands Businesses Churchrsquoscemeteries Farmland Homes Community impacts

Social impacts Noise Environmental justice

Federal-aid Overview Seminar 41

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 38

Environmental Impact Statement (EIS)

Draft EIS

Final EIS

Record of Decision (ROD)

Compare Alternatives and their impacts

Federal-aid Overview Seminar 39

23 CFR 771107 Definitions

Environmental Studies The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document

Federal-aid Overview Seminar 40

Environmental Impact Statement (EIS)Environmental Studies Cultural resources Floodplains Prairies Recreational areas Refuge areas Regulated materials Sovereign lands Special rivers Streams TampE wildlife plant

Unique land forms Wetlands Woodlands Businesses Churchrsquoscemeteries Farmland Homes Community impacts

Social impacts Noise Environmental justice

Federal-aid Overview Seminar 41

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Compare Alternatives and their impacts

Federal-aid Overview Seminar 39

23 CFR 771107 Definitions

Environmental Studies The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document

Federal-aid Overview Seminar 40

Environmental Impact Statement (EIS)Environmental Studies Cultural resources Floodplains Prairies Recreational areas Refuge areas Regulated materials Sovereign lands Special rivers Streams TampE wildlife plant

Unique land forms Wetlands Woodlands Businesses Churchrsquoscemeteries Farmland Homes Community impacts

Social impacts Noise Environmental justice

Federal-aid Overview Seminar 41

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

23 CFR 771107 Definitions

Environmental Studies The investigations of potential environmental impacts to determine the environmental process to be followed and to assist in the preparation of the environmental document

Federal-aid Overview Seminar 40

Environmental Impact Statement (EIS)Environmental Studies Cultural resources Floodplains Prairies Recreational areas Refuge areas Regulated materials Sovereign lands Special rivers Streams TampE wildlife plant

Unique land forms Wetlands Woodlands Businesses Churchrsquoscemeteries Farmland Homes Community impacts

Social impacts Noise Environmental justice

Federal-aid Overview Seminar 41

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Environmental Impact Statement (EIS)Environmental Studies Cultural resources Floodplains Prairies Recreational areas Refuge areas Regulated materials Sovereign lands Special rivers Streams TampE wildlife plant

Unique land forms Wetlands Woodlands Businesses Churchrsquoscemeteries Farmland Homes Community impacts

Social impacts Noise Environmental justice

Federal-aid Overview Seminar 41

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Environmental Impact Statement (EIS) Agency and Public InvolvementEarly Coordination and Scoping MeetingPublic Information MeetingsConcurrence Point MeetingsPublic and Agency Review of Draft EISPublic HearingsPublic and Agency Review of Final EISNotice of Decision (Federal Register)

Federal-aid Overview Seminar 42

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

EIS Documentation Full Disclosure Document Tell the project story Keep it brief and use clear concise writing Clearly demonstrate regulatory

compliance Use appropriate graphics to help the

reader Consistent format

Federal-aid Overview Seminar 43

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

NEPA - Classes of ActionClass II Categorical Exclusion (CE) Required for actions that do not individually or cumulatively have a significant environmental effect Necessary environmental studies and compliance with all applicable requirements are still required for the project Examples include bull Pedestrian facilities bull Landscaping bull Routine maintenance including resurfacing bridge replacement

and rehabilitation and minor widening

Federal-aid Overview Seminar 44

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

(c) and (d) lists

Federal-aid Overview Seminar 45

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(c)(01) Design Exception (c)(18) Track and Railbed Maintenance(c)(01) Funding (c)(19) Purchase or Installation for Transit Facility(c)(01) Planning (c)(20) Promulgation of rules regulations(c)(02) Utilities (c)(21) Intelligent Traffic Systems(c)(03) Enhancement (c)(22) Existing Operational ROW(c)(03) Safe Routes to School (c)(23) Federally-funded projects(c)(03) Trail (c)(24) Geotechnical Investigation(c)(04) State Highway Safety Plan (c)(25) Environmental Restoration(c)(05) Transfer of Federal Lands (c)(26) Adding an Auxiliary Lane(c)(06) Noise Barriers (c)(26) Grading(c)(07) Landscaping (c)(26) Improvement(c)(08) Fencing signs pavement markings traffic signals (c)(26) Interchange(c)(08) Railroad Warning Devices or Crossings (c)(26) Maintenance(c)(09)(i) Emergency Repair (c)(26) New Pavement(c)(09)(ii) Emergency Repair (c)(26) Reconstruction(c)(10) Scenic Easements (c)(26) Rehabilitation(c)(11) Payback for Property (c)(26) Resurfacing(c)(12) Rest Area (c)(27) Iowa Clean Air Attainment Program(c)(13) Ridesharing (c)(27) Safety Improvement(c)(14) Bus and Railcar Rehabilitation (c)(28) Bridge(c)(15) ADA Requirements (c)(28) Culvert(c)(16) Transit Administration (c)(29) Ferry Vessels - Purchase(c)(17) Purchase Vehicles (c)(30) Ferry Vessels - Rehabilitation

sect771117 Citation ProjectAction Type

sect771117 Citation ProjectAction Type

(d)(04) Corridor Fringe Parking (d)(13) Bridge(d)(05) New Rest Areas (d)(13) Culvert(d)(05) New Truck Weigh Stations (d)(13) Grading(d)(06) Disposal of excess ROW (d)(13) Improvement(d)(06) Limited Use of ROW (d)(13) Interchange(d)(07) Access Control Changes (d)(13) Iowa Clean Air Attainment Program(d)(08) New bus storage or maintenance (d)(13) Maintenance(d)(09) Restoration (d)(13) New Pavement(d)(10) Bus Transfer Facilities (d)(13) Reconstruction(d)(11) Rail Storage Areas (d)(13) Rehabilitation(d)(12)(i) Hardship Acquisition (d)(13) Resurfacing(d)(12)(ii) Protective Acquisition (d)(13) Safety Improvement

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

46

Categorical Exclusion (CE)Do not have significant impactson planned growth or land use for the area on relocations of people on natural cultural recreational historic or

other resources on air noise or water qualityon travel patterns either individually or cumulatively

23 CFR 771117

Federal-aid Overview Seminar

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Programmatic Agreement Projects subject to 23 CFR 771117 (c)

and (d) lists Established procedures to expeditiously

and efficiently process certain actions Iowa DOT certifies that certain projects

meet the criteria set forth in the agreement

Recent version dated February 2012

Federal-aid Overview Seminar 47

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

CE Process

48

Countersigned ProgrammaticSubmit Concept to Iowa DOT Submit Concept to Iowa DOT

NEPA classification concurrence with FHWA is required

NEPA classification concurrence with FHWA is not required

Sponsor provides results of environmentalstudies and agency coordination

Sponsor provides results of environmental studies and agency coordination

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Agency consultation (if needed) is completed by Iowa DOT and Project Sponsor

Project sponsor will complete memorandum summarizing the results

Iowa DOT will complete the Environmental Review Summary and project certification

The memorandum is countersigned by FHWA Iowa Division and Iowa DOTIowa DOT will notify the project sponsor when the memorandum is signed and mark the project cleared in TPMSPSS

Iowa DOT will notify the project sponsor when certification is complete and mark the project cleared in TPMSPSS

Federal-aid Overview Seminar

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Countersigned compared to Programmatic

Federal-aid Overview Seminar 49

1

98 CEPCE

SFY 2018

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

NEPA - Classes of ActionClass III Environmental Assessment (EA) Required for actions that do not qualify as a CE but where there is insufficient information to determine whether the projectrsquos impacts warrant an EIS An EA may also be a useful tool in that it incorporates environmental considerations with project design and can aid in NEPA compliance when an EIS is not required

Examples include bull Construction of a new highway

interchange bull Adding lanes to an existing highway

Federal-aid Overview Seminar 50

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 51

Environmental Assessment (EA)

EA

Finding of No Significant Impact (FONSI)

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

EA Documentation Primary purpose of an EA is to help the

FHWA and HA decide whether or not an EIS is needed

Address only those resources or features which that will have a likelihood for being significantly impacted

Concise document and should not contain long descriptions or detailed information

Federal-aid Overview Seminar 52

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

NEPA Completion StatisticsCleared Projects 2015 2016 2017 2018

EISROD 0 0 0 0

EAFONSI 2 4 5 2

CE 8 16 12 3

PCE 355 356 324 251

Re-evaluations 189 324 394 99

Federal-aid Overview Seminar 53

Average Completion TimeEISROD 6 yearsEAFONSI 4 yearsCE 16 monthsPCE 4 monthsRe-evaluations

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Completed NEPA Decisions

Federal-aid Overview Seminar 54

SFY 2018

98

1 1

PCE

CE

EA

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 55

Section 4(f) 49 USC sect 303(c)

It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands wildlife and waterfowl refuges and historic sites

23 USC sect 138 Preservation of parklands

23 CFR 774The purpose of this part is to implement 23 USC sect 138 and 49 USC sect 303 which were originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and are still commonly referred to as ldquoSection 4(f)rdquo

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 56

Section 4(f)The Administration (FHWA) may not approve the use of land from a significant publicly owned public park recreation area or wildlife and waterfowl refuge or any significant historic site unless a determination is made that(a)(1) There is no feasible and prudent avoidance alternative and (2)

The action includes all possible planning to minimize harm to the property resulting from such use or

(b) (FHWA) determines that the use of the property including any measure(s) to minimize harm (such as avoidance minimization mitigation or enhancement measures) committed to by the applicant will have a de minimis impact on the property

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 57

Feasible and Prudent Feasible

Alternative constructed with sound engineering

Prudent Evaluation of unusual factors or unique problems such as

cost environmental impacts social and economic impacts or community disruption that reach extraordinary magnitude

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Official with Jurisdiction (OWJ)Park Recreational and Refuge Facilities Individual(s) given responsibility for managing the facility (ie city park director USACE County Conservation Board etc)

Historic PropertiesState Historical Preservation Office

Federal-aid Overview Seminar 58

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Section 4(f) de minimis For historic sites it is found that the

project will have ldquono adverse effectrdquo on the historic property

For parks recreational areas and wildlife and waterfowl refuges it is where it will not adversely affect the features attributes or activities qualifying the property for protection under Section 4(f)

Federal-aid Overview Seminar 59

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

4(f) Evaluations bull No impacts to existing 4(f) property OR the

property is not subject to 4(f)No 4(f)

No incorporation of land from a 4(f) property into a transportation facilityldquoNo Userdquo

ldquoUserdquo but because of minimization or mitigation there is no adverse effect on the qualities or function of the 4(f) property

de minimis

Minor ldquoUserdquo of a 4(f) property that meets criteria established by FHWA

Programmatic Evaluation

ldquoUserdquo of a 4(f) property that does not meet Programmatic Evaluation Criteria

Individual Evaluation

Federal-aid Overview Seminar 60

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Individual Section 4(f)Draft Section 4(f) Introduction Description of Proposed Action Description of Section 4(f)

Resources Description of Impacts Avoidance amp Minimization

Alternatives Mitigation Coordination

Final Section 4(f) All the information included in the draft

evaluation Evidence of unique problems or

unusual factors that avoidance alternatives would cause

Evidence of extraordinary costs or other disruption that avoidance alternatives would cause

Evidence that the proposed action includes all possible planning to minimize harm

A summary of the official coordination with all relevant agencies

Relevant documentation of all comments received

Federal-aid Overview Seminar 61

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Programmatic Section 4(f) Historic Bridges

Minor Involvements with Public Parks Recreation Lands and Wildlife and Waterfowl Refuges

Minor Involvements with Historic Sites

Independent Bikeway or Walkway Construction Projects

Net Benefit to a Section 4(f) PropertyFederal-aid Overview Seminar 62

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Section 4(f) Process

EIS

DEIS

FEIS

ROD

EA

EA

FONSI

CE

CE

4(f)

Draft4(f)

Final 4(f)

P 4(f)

UnsignedP4(f)

SignedP4(f)

Federal-aid Overview Seminar 63

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 64

23 CFR 77413 Exceptionsa) Restoration rehabilitation or maintenance of transportation

facilities that are on or eligible for the National Register b) Archeological sites that are on or eligible for the National

Registerc) Designations of park and recreation lands wildlife and waterfowl

refuges and historic sites that are made or determinations of significance that are changed late in the development of a proposed action

d) Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f)

e) Park road or parkway projects under 23 USC 204 f) Certain trails paths bikeways and sidewalksg) Transportation enhancement projects and mitigation activities

Note Exceptions require a letter from the official with jurisdiction over the property that states they agree that the project will enhance an activity feature or attribute that qualifies the property for Section 4(f) protection

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

NEPA CLASSIFICATION

Federal-aid Overview Seminar 65

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Key items for NEPA Classification Attach a location map to indicate the new ROW

limits with permanent and temporary easements Include areas of potential disturbance

If available attach preliminary designs indicating where construction is relative to existing alignment

Attach photos List potential environmental impacts Identify any unusual features not adequately

addressed by concept

Federal-aid Overview Seminar 66

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Environmental Review Buffer Create a shape around project limits and

provide with concept Recommend a plusmn 25 foot buffer from the limits of construction

NEPA will clear all project activities inside the limits of your shape

Any project activity outside of the buffer will require a re-evaluation prior to any action

Federal-aid Overview Seminar 67

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 68

Classification Notice to LPA

FHWA concurred with the CE classification This is not ldquoclearancerdquo The project will be cleared after FHWA receives and signs the memo describing the impacts of the proposed project

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 69

NEPA Classification Classification is not NEPA clearance This

only indicates what type of documentation is required for your project

Must wait for official NEPA certification or clearance to begin final design and to purchase ROW 23 USC 108 ndash Advance Acquisition of Real PropertyMap-21 Section 1302 clarifies and expands the types of property interests that may be federally funded and revises the conditions the property may be acquired prior to NEPA review of the project that would use the property

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

NEPA CLEARANCE

Federal-aid Overview Seminar 70

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 71

NEPA Certification or ClearanceThe NEPA Certifications and Clearances can be found in ERMS as follows

Area HighwayCabinet EnvironmentalSearch Group NEPADrawer NEPA DocumentNEPA ID 6997

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Federal-aid Overview Seminar 72

Questions

Reference Documents IM 4020 NEPA Process

23 CFR 771 amp 774wwwenvironmentfhwadotgovindexasp

Iowa DOT NEPA Section Contacts DeeAnn Newell

515-239-1364DeeAnnNewelliowadotus

Shelby Ebel515-239-1999ShelbyEbeliowadotus

Madeline LaPage515-239-1467MadelineLaPageiowadotus

Jorge Zamora515-239-1251JorgeZamoraiowadotus

Matt Oetker515-239-1786MatthewOetkeriowadotus

Federal-aid Overview Seminar 73

Federal-aid Overview Seminar 74

Section 106 of The National Historic

Preservation Act of 1966

Cultural Resources SectionLocation and Environment BureauIowa Department of Transportation

Federal-aid Overview Seminar 75

Presentation Overview Section 106 Applications Compliance Steps Archaeological amp Historic Surveys Consultation SHPO Review Transportation Alternatives Program

Federal-aid Overview Seminar 76

Section 106 The ldquo106 Processrdquo Applies to federal actions with potential to

affect Historic PropertiesHighway funding Army Corps permits cell

towers etc Historic propertyListed in or eligible for listing in the National

Register of Historic Places Historic properties can be structures

archaeological sites objects landscapes

Federal-aid Overview Seminar 77

Application Governing regulations 36 CFR 800 are issued

by the Advisory Council on Historic Preservation in Washington DC

Federal Agency has responsibility for consultation and compliance but tasks are usually delegated

Iowa Federal Highway Administration (FHWA) delegates administration of most consultation and compliance steps to the DOT

State Historic Preservation Officer (SHPO) consults for the majority of projects

Federal-aid Overview Seminar 78

Compliance Steps 1st - Is it a Federal Action 2nd - Is it a project type with potential impacts Yes submit Concept Statement or application for review

Needed information - ROW easements ground disturbance structures known historic properties nearby

1 Identify and evaluate potential historic properties with archaeological andor historic surveys

2 Assess effects on identified National Register eligible properties

3 Consult to Avoid or Mitigate Adverse Effects

Federal-aid Overview Seminar 79

Archaeological amp Historic Surveys Surveys may be required for any right of

way or easement needs impacted by earthmoving activities

Notify our bureau about any changes affecting the impact area

Lists of qualified archaeologists and historians available from the DOT

Our bureau or a University of Iowa staff person can provide advice regarding the need for an archaeology survey

Federal-aid Overview Seminar 80

Consultation Review and consultation with the SHPO

required for most federal projects Official submittals for consultation on

FHWA funded projects must go through the DOT

Consultation also involves interested parties Tribes and the public

SHPO staff can provide additional advice Example discuss how to rehab historic

buildings

Federal-aid Overview Seminar 81

SHPO Review SHPO has 30 days after receipt of an

official submittal to complete a review Average SHPO review time is 10 days SHPO provides comments not clearance SHPO comments are just one step in

Environmental Concurrence process National Environmental Policy Act (NEPA)

requires evidence of Section 106 compliance

Federal-aid Overview Seminar 82

Transportation Alternatives Program (TAP) TAP projects cannot have an adverse effects

to historic properties Historic preservation enhancements review

begins with review of the conceptapplication Historic Structures applying for enhancement

funds for rehabilitation must be listed in or eligible for listing in the National Register of Historic Places

For unevaluated structures consult with SHPO and complete Iowa Structural Inventory Form available on State Historical Society website

Federal-aid Overview Seminar 83

TAP (continued) Historic building restorations or

rehabilitations must follow the Secretary of Interior Standards for Historic PreservationPlan note should reference Standards

SHPO reviews plans for rehabilitation of historic structures

Federal-aid Overview Seminar 84

Advisory Council Flowchart

Federal-aid Overview Seminar 85

For More Information References IM 4120 Cultural Resource Regulations Section 106 Regulations

36 CFR Part 800 (16 USC)Advisory Council website

wwwachpgovusersguidehtmlSHPO website

wwwiowaculturegovhistory Iowa Code Section 31424

Federal-aid Overview Seminar 75

Presentation Overview Section 106 Applications Compliance Steps Archaeological amp Historic Surveys Consultation SHPO Review Transportation Alternatives Program

Federal-aid Overview Seminar 76

Section 106 The ldquo106 Processrdquo Applies to federal actions with potential to

affect Historic PropertiesHighway funding Army Corps permits cell

towers etc Historic propertyListed in or eligible for listing in the National

Register of Historic Places Historic properties can be structures

archaeological sites objects landscapes

Federal-aid Overview Seminar 77

Application Governing regulations 36 CFR 800 are issued

by the Advisory Council on Historic Preservation in Washington DC

Federal Agency has responsibility for consultation and compliance but tasks are usually delegated

Iowa Federal Highway Administration (FHWA) delegates administration of most consultation and compliance steps to the DOT

State Historic Preservation Officer (SHPO) consults for the majority of projects

Federal-aid Overview Seminar 78

Compliance Steps 1st - Is it a Federal Action 2nd - Is it a project type with potential impacts Yes submit Concept Statement or application for review

Needed information - ROW easements ground disturbance structures known historic properties nearby

1 Identify and evaluate potential historic properties with archaeological andor historic surveys

2 Assess effects on identified National Register eligible properties

3 Consult to Avoid or Mitigate Adverse Effects

Federal-aid Overview Seminar 79

Archaeological amp Historic Surveys Surveys may be required for any right of

way or easement needs impacted by earthmoving activities

Notify our bureau about any changes affecting the impact area

Lists of qualified archaeologists and historians available from the DOT

Our bureau or a University of Iowa staff person can provide advice regarding the need for an archaeology survey

Federal-aid Overview Seminar 80

Consultation Review and consultation with the SHPO

required for most federal projects Official submittals for consultation on

FHWA funded projects must go through the DOT

Consultation also involves interested parties Tribes and the public

SHPO staff can provide additional advice Example discuss how to rehab historic

buildings

Federal-aid Overview Seminar 81

SHPO Review SHPO has 30 days after receipt of an

official submittal to complete a review Average SHPO review time is 10 days SHPO provides comments not clearance SHPO comments are just one step in

Environmental Concurrence process National Environmental Policy Act (NEPA)

requires evidence of Section 106 compliance

Federal-aid Overview Seminar 82

Transportation Alternatives Program (TAP) TAP projects cannot have an adverse effects

to historic properties Historic preservation enhancements review

begins with review of the conceptapplication Historic Structures applying for enhancement

funds for rehabilitation must be listed in or eligible for listing in the National Register of Historic Places

For unevaluated structures consult with SHPO and complete Iowa Structural Inventory Form available on State Historical Society website

Federal-aid Overview Seminar 83

TAP (continued) Historic building restorations or

rehabilitations must follow the Secretary of Interior Standards for Historic PreservationPlan note should reference Standards

SHPO reviews plans for rehabilitation of historic structures

Federal-aid Overview Seminar 84

Advisory Council Flowchart

Federal-aid Overview Seminar 85

For More Information References IM 4120 Cultural Resource Regulations Section 106 Regulations

36 CFR Part 800 (16 USC)Advisory Council website

wwwachpgovusersguidehtmlSHPO website

wwwiowaculturegovhistory Iowa Code Section 31424

Federal-aid Overview Seminar 76

Section 106 The ldquo106 Processrdquo Applies to federal actions with potential to

affect Historic PropertiesHighway funding Army Corps permits cell

towers etc Historic propertyListed in or eligible for listing in the National

Register of Historic Places Historic properties can be structures

archaeological sites objects landscapes

Federal-aid Overview Seminar 77

Application Governing regulations 36 CFR 800 are issued

by the Advisory Council on Historic Preservation in Washington DC

Federal Agency has responsibility for consultation and compliance but tasks are usually delegated

Iowa Federal Highway Administration (FHWA) delegates administration of most consultation and compliance steps to the DOT

State Historic Preservation Officer (SHPO) consults for the majority of projects

Federal-aid Overview Seminar 78

Compliance Steps 1st - Is it a Federal Action 2nd - Is it a project type with potential impacts Yes submit Concept Statement or application for review

Needed information - ROW easements ground disturbance structures known historic properties nearby

1 Identify and evaluate potential historic properties with archaeological andor historic surveys

2 Assess effects on identified National Register eligible properties

3 Consult to Avoid or Mitigate Adverse Effects

Federal-aid Overview Seminar 79

Archaeological amp Historic Surveys Surveys may be required for any right of

way or easement needs impacted by earthmoving activities

Notify our bureau about any changes affecting the impact area

Lists of qualified archaeologists and historians available from the DOT

Our bureau or a University of Iowa staff person can provide advice regarding the need for an archaeology survey

Federal-aid Overview Seminar 80

Consultation Review and consultation with the SHPO

required for most federal projects Official submittals for consultation on

FHWA funded projects must go through the DOT

Consultation also involves interested parties Tribes and the public

SHPO staff can provide additional advice Example discuss how to rehab historic

buildings

Federal-aid Overview Seminar 81

SHPO Review SHPO has 30 days after receipt of an

official submittal to complete a review Average SHPO review time is 10 days SHPO provides comments not clearance SHPO comments are just one step in

Environmental Concurrence process National Environmental Policy Act (NEPA)

requires evidence of Section 106 compliance

Federal-aid Overview Seminar 82

Transportation Alternatives Program (TAP) TAP projects cannot have an adverse effects

to historic properties Historic preservation enhancements review

begins with review of the conceptapplication Historic Structures applying for enhancement

funds for rehabilitation must be listed in or eligible for listing in the National Register of Historic Places

For unevaluated structures consult with SHPO and complete Iowa Structural Inventory Form available on State Historical Society website

Federal-aid Overview Seminar 83

TAP (continued) Historic building restorations or

rehabilitations must follow the Secretary of Interior Standards for Historic PreservationPlan note should reference Standards

SHPO reviews plans for rehabilitation of historic structures

Federal-aid Overview Seminar 84

Advisory Council Flowchart

Federal-aid Overview Seminar 85

For More Information References IM 4120 Cultural Resource Regulations Section 106 Regulations

36 CFR Part 800 (16 USC)Advisory Council website

wwwachpgovusersguidehtmlSHPO website

wwwiowaculturegovhistory Iowa Code Section 31424

Federal-aid Overview Seminar 77

Application Governing regulations 36 CFR 800 are issued

by the Advisory Council on Historic Preservation in Washington DC

Federal Agency has responsibility for consultation and compliance but tasks are usually delegated

Iowa Federal Highway Administration (FHWA) delegates administration of most consultation and compliance steps to the DOT

State Historic Preservation Officer (SHPO) consults for the majority of projects

Federal-aid Overview Seminar 78

Compliance Steps 1st - Is it a Federal Action 2nd - Is it a project type with potential impacts Yes submit Concept Statement or application for review

Needed information - ROW easements ground disturbance structures known historic properties nearby

1 Identify and evaluate potential historic properties with archaeological andor historic surveys

2 Assess effects on identified National Register eligible properties

3 Consult to Avoid or Mitigate Adverse Effects

Federal-aid Overview Seminar 79

Archaeological amp Historic Surveys Surveys may be required for any right of

way or easement needs impacted by earthmoving activities

Notify our bureau about any changes affecting the impact area

Lists of qualified archaeologists and historians available from the DOT

Our bureau or a University of Iowa staff person can provide advice regarding the need for an archaeology survey

Federal-aid Overview Seminar 80

Consultation Review and consultation with the SHPO

required for most federal projects Official submittals for consultation on

FHWA funded projects must go through the DOT

Consultation also involves interested parties Tribes and the public

SHPO staff can provide additional advice Example discuss how to rehab historic

buildings

Federal-aid Overview Seminar 81

SHPO Review SHPO has 30 days after receipt of an

official submittal to complete a review Average SHPO review time is 10 days SHPO provides comments not clearance SHPO comments are just one step in

Environmental Concurrence process National Environmental Policy Act (NEPA)

requires evidence of Section 106 compliance

Federal-aid Overview Seminar 82

Transportation Alternatives Program (TAP) TAP projects cannot have an adverse effects

to historic properties Historic preservation enhancements review

begins with review of the conceptapplication Historic Structures applying for enhancement

funds for rehabilitation must be listed in or eligible for listing in the National Register of Historic Places

For unevaluated structures consult with SHPO and complete Iowa Structural Inventory Form available on State Historical Society website

Federal-aid Overview Seminar 83

TAP (continued) Historic building restorations or

rehabilitations must follow the Secretary of Interior Standards for Historic PreservationPlan note should reference Standards

SHPO reviews plans for rehabilitation of historic structures

Federal-aid Overview Seminar 84

Advisory Council Flowchart

Federal-aid Overview Seminar 85

For More Information References IM 4120 Cultural Resource Regulations Section 106 Regulations

36 CFR Part 800 (16 USC)Advisory Council website

wwwachpgovusersguidehtmlSHPO website

wwwiowaculturegovhistory Iowa Code Section 31424

Federal-aid Overview Seminar 78

Compliance Steps 1st - Is it a Federal Action 2nd - Is it a project type with potential impacts Yes submit Concept Statement or application for review

Needed information - ROW easements ground disturbance structures known historic properties nearby

1 Identify and evaluate potential historic properties with archaeological andor historic surveys

2 Assess effects on identified National Register eligible properties

3 Consult to Avoid or Mitigate Adverse Effects

Federal-aid Overview Seminar 79

Archaeological amp Historic Surveys Surveys may be required for any right of

way or easement needs impacted by earthmoving activities

Notify our bureau about any changes affecting the impact area

Lists of qualified archaeologists and historians available from the DOT

Our bureau or a University of Iowa staff person can provide advice regarding the need for an archaeology survey

Federal-aid Overview Seminar 80

Consultation Review and consultation with the SHPO

required for most federal projects Official submittals for consultation on

FHWA funded projects must go through the DOT

Consultation also involves interested parties Tribes and the public

SHPO staff can provide additional advice Example discuss how to rehab historic

buildings

Federal-aid Overview Seminar 81

SHPO Review SHPO has 30 days after receipt of an

official submittal to complete a review Average SHPO review time is 10 days SHPO provides comments not clearance SHPO comments are just one step in

Environmental Concurrence process National Environmental Policy Act (NEPA)

requires evidence of Section 106 compliance

Federal-aid Overview Seminar 82

Transportation Alternatives Program (TAP) TAP projects cannot have an adverse effects

to historic properties Historic preservation enhancements review

begins with review of the conceptapplication Historic Structures applying for enhancement

funds for rehabilitation must be listed in or eligible for listing in the National Register of Historic Places

For unevaluated structures consult with SHPO and complete Iowa Structural Inventory Form available on State Historical Society website

Federal-aid Overview Seminar 83

TAP (continued) Historic building restorations or

rehabilitations must follow the Secretary of Interior Standards for Historic PreservationPlan note should reference Standards

SHPO reviews plans for rehabilitation of historic structures

Federal-aid Overview Seminar 84

Advisory Council Flowchart

Federal-aid Overview Seminar 85

For More Information References IM 4120 Cultural Resource Regulations Section 106 Regulations

36 CFR Part 800 (16 USC)Advisory Council website

wwwachpgovusersguidehtmlSHPO website

wwwiowaculturegovhistory Iowa Code Section 31424

Federal-aid Overview Seminar 79

Archaeological amp Historic Surveys Surveys may be required for any right of

way or easement needs impacted by earthmoving activities

Notify our bureau about any changes affecting the impact area

Lists of qualified archaeologists and historians available from the DOT

Our bureau or a University of Iowa staff person can provide advice regarding the need for an archaeology survey

Federal-aid Overview Seminar 80

Consultation Review and consultation with the SHPO

required for most federal projects Official submittals for consultation on

FHWA funded projects must go through the DOT

Consultation also involves interested parties Tribes and the public

SHPO staff can provide additional advice Example discuss how to rehab historic

buildings

Federal-aid Overview Seminar 81

SHPO Review SHPO has 30 days after receipt of an

official submittal to complete a review Average SHPO review time is 10 days SHPO provides comments not clearance SHPO comments are just one step in

Environmental Concurrence process National Environmental Policy Act (NEPA)

requires evidence of Section 106 compliance

Federal-aid Overview Seminar 82

Transportation Alternatives Program (TAP) TAP projects cannot have an adverse effects

to historic properties Historic preservation enhancements review

begins with review of the conceptapplication Historic Structures applying for enhancement

funds for rehabilitation must be listed in or eligible for listing in the National Register of Historic Places

For unevaluated structures consult with SHPO and complete Iowa Structural Inventory Form available on State Historical Society website

Federal-aid Overview Seminar 83

TAP (continued) Historic building restorations or

rehabilitations must follow the Secretary of Interior Standards for Historic PreservationPlan note should reference Standards

SHPO reviews plans for rehabilitation of historic structures

Federal-aid Overview Seminar 84

Advisory Council Flowchart

Federal-aid Overview Seminar 85

For More Information References IM 4120 Cultural Resource Regulations Section 106 Regulations

36 CFR Part 800 (16 USC)Advisory Council website

wwwachpgovusersguidehtmlSHPO website

wwwiowaculturegovhistory Iowa Code Section 31424

Federal-aid Overview Seminar 80

Consultation Review and consultation with the SHPO

required for most federal projects Official submittals for consultation on

FHWA funded projects must go through the DOT

Consultation also involves interested parties Tribes and the public

SHPO staff can provide additional advice Example discuss how to rehab historic

buildings

Federal-aid Overview Seminar 81

SHPO Review SHPO has 30 days after receipt of an

official submittal to complete a review Average SHPO review time is 10 days SHPO provides comments not clearance SHPO comments are just one step in

Environmental Concurrence process National Environmental Policy Act (NEPA)

requires evidence of Section 106 compliance

Federal-aid Overview Seminar 82

Transportation Alternatives Program (TAP) TAP projects cannot have an adverse effects

to historic properties Historic preservation enhancements review

begins with review of the conceptapplication Historic Structures applying for enhancement

funds for rehabilitation must be listed in or eligible for listing in the National Register of Historic Places

For unevaluated structures consult with SHPO and complete Iowa Structural Inventory Form available on State Historical Society website

Federal-aid Overview Seminar 83

TAP (continued) Historic building restorations or

rehabilitations must follow the Secretary of Interior Standards for Historic PreservationPlan note should reference Standards

SHPO reviews plans for rehabilitation of historic structures

Federal-aid Overview Seminar 84

Advisory Council Flowchart

Federal-aid Overview Seminar 85

For More Information References IM 4120 Cultural Resource Regulations Section 106 Regulations

36 CFR Part 800 (16 USC)Advisory Council website

wwwachpgovusersguidehtmlSHPO website

wwwiowaculturegovhistory Iowa Code Section 31424

Federal-aid Overview Seminar 81

SHPO Review SHPO has 30 days after receipt of an

official submittal to complete a review Average SHPO review time is 10 days SHPO provides comments not clearance SHPO comments are just one step in

Environmental Concurrence process National Environmental Policy Act (NEPA)

requires evidence of Section 106 compliance

Federal-aid Overview Seminar 82

Transportation Alternatives Program (TAP) TAP projects cannot have an adverse effects

to historic properties Historic preservation enhancements review

begins with review of the conceptapplication Historic Structures applying for enhancement

funds for rehabilitation must be listed in or eligible for listing in the National Register of Historic Places

For unevaluated structures consult with SHPO and complete Iowa Structural Inventory Form available on State Historical Society website

Federal-aid Overview Seminar 83

TAP (continued) Historic building restorations or

rehabilitations must follow the Secretary of Interior Standards for Historic PreservationPlan note should reference Standards

SHPO reviews plans for rehabilitation of historic structures

Federal-aid Overview Seminar 84

Advisory Council Flowchart

Federal-aid Overview Seminar 85

For More Information References IM 4120 Cultural Resource Regulations Section 106 Regulations

36 CFR Part 800 (16 USC)Advisory Council website

wwwachpgovusersguidehtmlSHPO website

wwwiowaculturegovhistory Iowa Code Section 31424

Federal-aid Overview Seminar 82

Transportation Alternatives Program (TAP) TAP projects cannot have an adverse effects

to historic properties Historic preservation enhancements review

begins with review of the conceptapplication Historic Structures applying for enhancement

funds for rehabilitation must be listed in or eligible for listing in the National Register of Historic Places

For unevaluated structures consult with SHPO and complete Iowa Structural Inventory Form available on State Historical Society website

Federal-aid Overview Seminar 83

TAP (continued) Historic building restorations or

rehabilitations must follow the Secretary of Interior Standards for Historic PreservationPlan note should reference Standards

SHPO reviews plans for rehabilitation of historic structures

Federal-aid Overview Seminar 84

Advisory Council Flowchart

Federal-aid Overview Seminar 85

For More Information References IM 4120 Cultural Resource Regulations Section 106 Regulations

36 CFR Part 800 (16 USC)Advisory Council website

wwwachpgovusersguidehtmlSHPO website

wwwiowaculturegovhistory Iowa Code Section 31424

Federal-aid Overview Seminar 83

TAP (continued) Historic building restorations or

rehabilitations must follow the Secretary of Interior Standards for Historic PreservationPlan note should reference Standards

SHPO reviews plans for rehabilitation of historic structures

Federal-aid Overview Seminar 84

Advisory Council Flowchart

Federal-aid Overview Seminar 85

For More Information References IM 4120 Cultural Resource Regulations Section 106 Regulations

36 CFR Part 800 (16 USC)Advisory Council website

wwwachpgovusersguidehtmlSHPO website

wwwiowaculturegovhistory Iowa Code Section 31424

Federal-aid Overview Seminar 84

Advisory Council Flowchart

Federal-aid Overview Seminar 85

For More Information References IM 4120 Cultural Resource Regulations Section 106 Regulations

36 CFR Part 800 (16 USC)Advisory Council website

wwwachpgovusersguidehtmlSHPO website

wwwiowaculturegovhistory Iowa Code Section 31424

Federal-aid Overview Seminar 85

For More Information References IM 4120 Cultural Resource Regulations Section 106 Regulations

36 CFR Part 800 (16 USC)Advisory Council website

wwwachpgovusersguidehtmlSHPO website

wwwiowaculturegovhistory Iowa Code Section 31424

Federal-aid Overview Seminar 86

Questions Iowa DOT Contacts

Matt Donovan (for Districts 1 and 6)515-239-1097MattDonovaniowadotus

Jacob Woodcock (for Districts 4 and 5)515-239-1035JacobWoodcockiowadotus

Brennan Dolan (for District 2 and District 3)515-239-1795BrennanDolaniowadotus